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Philippines: NPC, NTC, DTI-FTEB, and OMB Issue Advisories

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The National Privacy Commission (NPC), the National Telecommunications Commission (NTC), the Department of Trade and Industry – Fair Trade Enforcement Bureau (DTI-FTEB), and the Optical Media Board (OMB) have issued advisories regarding changes in their operations in response to the declaration of an Enhanced Community Quarantine (ECQ) over the island of Luzon, including Metro Manila.

National Privacy Commission

On 12 March 2020, the NPC issued an advisory canceling until further notice all settings for discovery conferences, summary hearings and mediation proceedings previously scheduled before the Complaints and Investigation Division and Legal Division. Notice for the resetting of these proceedings shall be sent to the parties through mail and/or email.

Breach notifications to the NPC may be sent via email to [email protected]h. Complaints-assisted forms may be submitted to [email protected]. All other inquiries may be coursed through the NPC’s official email (see below) or official social media accounts.

National Telecommunications Commission

The NTC issued a notice suspending all hearings scheduled from 16 March 2020 onwards until further notice. Notices shall be sent to the parties of the new hearing dates.

Further, under NTC Memorandum Order No. 03-03-2020 issued on 18 March 2020, all existing permits, certificates and licenses,1 issued by the NTC expiring within the period from 15 March 2020 to 14 April 2020 or during the ECQ shall continue to be valid for sixty (60) days after the end of the quarantine period.

Holders of these permits, certificates and licenses shall be given sixty (60) days from the end of the quarantine period to file for renewal without penalties or surcharges. Thereafter, appropriate penalties/surcharges shall be imposed for late filing of its renewal.

Receiving of applications for new permits, certificates and licenses is temporarily suspended until further notice.

Department of Trade and Industry – Fair Trade Enforcement Bureau

The DTI-FTEB issued a notice stating that it will be implementing a work-from-home scheme from 16 March 2020 until 14 April 2020 or until the ECQ is lifted. All scheduled hearings, mediation and preliminary conferences are cancelled until further notice. The DTI-FTEB will continue to receive and process applications or complaints with attachments submitted online from Mondays to Fridays.

For all applicants of permits, licenses or certificates processed by DTI-FTEB, the Bureau will notify the applicant of the date of payment and release of the same.

Optical Media Board

The OMB issued an advisory on the suspension of work in its Quezon City, Baguio, Cebu and Davao offices, and the implementation of a work-from-home arrangement from 17 March 2020 until 10 April 2020. All scheduled hearings of administrative cases are suspended until further notice.

Applications for OMB clearance or permits can still be submitted online. Expiry dates of licenses granted by the OMB will be extended by thirty (30) days or until the ECQ has been lifted. Renewal of licenses within the thirty (30) – day extension will not be subject to penalties.

Should an applicant have a license or permit scheduled for release to claim shipments from the Bureau of Customs (BOC), the applicant must inform the OMB to coordinate the claim with the BOC. The OMB official receipt may be used to secure the shipment in lieu of the clearance or permit.

Payments shall be coursed through Landbank’s online portal.

Actions to Consider

Clients are advised to conduct all transactions with these agencies through their respective official online channels or platforms until 14 April 2020 or until the ECQ is lifted.

Clients are further advised to note the extensions to the validity of licenses, certificates and permits issued by the aforementioned agencies and to promptly renew them during the extension period.

Should clients have any concerns regarding their complaints, applications and other transactions with these agencies, they may contact the agencies through the following details:

1 Ship Station Licenses/Ship Earth Station Licenses for Ships Engaged in International and/or Domestic Trade, Private Coastal Radio Station Licenses, Aircraft Station License, Satellite Station Licenses, Amateur Radio Station Licenses, Accreditation of Dealer/Manufacturer/ Service Center of Radio Communication Equipment including Supplier of Customer Premises Equipment and Dealer/Retailer/Reseller/Service Center of Mobile Phones, Radio station Licenses for private and government networks etc. This also includes radio operator certificates, to operate radio communications equipment, networks and facilities, government or private, in various radio services such as but not limited to fixed and land mobile, amateur, aeronautical, maritime, satellite, special services.

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Author

Bienvenido Marquez III is a partner and head of Quisumbing Torres' Intellectual Property, Data and Technology Practice Group. He also co-heads the Consumer Goods & Retail Industry Group and is a member of the Technology, Media & Telecommunications Group. He participates in initiatives of Baker & McKenzie International of which Quisumbing Torres is a member firm. He is a member of Baker McKenzie's Asia Pacific Intellectual Property Steering Committee and the Asia Pacific Intellectual Property Business Unit for Brand Enforcement. He is immediate Past President of the Philippine Chapter of the Licensing Executives Society International (2019-2021), and is currently co-chair of the LESI Asia Pacific. He is also a member of the Anti-Counterfeiting Committee of the International Trademarks Association (INTA). Bien has vast experience in handling IP enforcement litigation, trademark and patent prosecution and maintenance, copyright, data privacy, information security, IT, telecommunications, e-commerce, electronic transactions, cyber security and cybercrime. He has been consistently ranked as a leading individual for Intellectual Property and TMT in Legal 500 Asia Pacific, Chambers Asia Pacific, asialaw Leading Lawyers, Managing IP Stars, Asia IP, and World Trademark Review. He was also recognized as a Volunteer Service Awardee by INTA in 2018.

Author

Divina Ilas-Panganiban is a partner in Quisumbing Torres’ Intellectual Property and Information Technology & Communications practices. She has 15 years of experience in the fields of intellectual property law, commercial law and litigation. She currently serves as the Vice-President and Director of the Philippine Chapter of Licensing Executives Society International. Ms. Panganiban often serves as resource speaker in local and international seminars on IP and IT laws.

Author

Reena Mitra-Ventanilla is a partner in Quisumbing Torres’ Intellectual Property, Data and Technology Practice Group. She is a member of the Consumer Goods & Retail and Financial Institutions Industry Groups. She has 13 years of experience handling intellectual property and technology matters. She is currently the corporate secretary of the Philippine Chapter of the Licensing Executives Society International and the assistant corporate secretary of the Philippine Franchise Association. Reena is recently cited as a Next Generation Partner in Intellectual Property by the Legal 500 Asia Pacific 2021.

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